VS/2 US/1; ATTN:
For 11 years, the United States has been operating under emergency wartime powers granted under the 2001 “Authorization for Use of Military Force.” That is a longer period than the country spent fighting the Civil War, World War I and World War II combined. It grants the president and the federal government extraordinary authorities at home and abroad, effectively suspends civil liberties for anyone the government deems an enemy and keeps us on a permanent war footing in all kinds of ways.
In a thoughtful speech at the Oxford Union last week, Jeh Johnson, the outgoing general counsel for the Pentagon, recognized that “we cannot and should not expect al-Qaeda and its associated forces to all surrender, all lay down their weapons in an open field, or to sign a peace treaty with us. They are terrorist organizations. Nor can we capture or kill every last terrorist who claims an affiliation with al-Qaeda.”
But, he argued, “There will come a tipping point . . . at which so many of the leaders and operatives of al-Qaeda and its affiliates have been killed or captured, and the group is no longer able to attempt or launch a strategic attack against the United States, such that al-Qaeda as we know it, the organization that our Congress authorized the military to pursue in 2001, has been effectively destroyed.” At that point, “our efforts should no longer be considered an armed conflict.”
Phasing out or modifying these emergency powers should be something that would appeal to both left and right. James Madison, father of the Constitution, was clear on the topic. “Of all the enemies to public liberty,” he wrote, “war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes. . . . No nation could preserve its freedom in the midst of continual warfare.”
If you want to know why we’re in such a deep budgetary hole, one large piece of it is that we have spent around $2 trillion on foreign wars in the past decade. Not coincidentally, we have had the largest expansion of the federal government since World War II. The Post’s Dana Priest and William Arkin have described how the U.S. government has built 33 new complexes for the intelligence bureaucracies alone. The Department of Homeland Security employs 230,000 people.
A new Global Terrorism Index this week showed that terrorism went up from 2002 to 2007 – largely because of the conflicts in Afghanistan/Pakistan and Iraq — but has declined ever since. And the part of the world with the fewest incidents is North America. It could be our vigilance that is keeping terror attacks at bay. But it is also worth noting, as we observe the vast apparatus of searches and screening, that the Transportation Security Administration’s assistant administrator for global strategies has admitted that those expensive and cumbersome whole-body scanners have not resulted in the arrest of a single suspected terrorist. Not one.
Of course there are real threats out there, from sources including new branches of al-Qaeda and other such groups. And of course they will have to be battled, and those terrorists should be captured or killed. But we have done this before, and we can do so in the future under more normal circumstances. It will mean that the administration will have to be more careful — and perhaps have more congressional involvement — for certain actions, such as drone strikes. It might mean it will have to charge some of the people held at Guantanamo and try them in military or civilian courts.
In any event, it is a good idea that the United States find a way to conduct its anti-terrorism campaigns within a more normal legal framework, rather than rely on blanket wartime authority granted in a panic after Sept. 11.
No president wants to give up power. But this one is uniquely positioned to begin a serious conversation about a path out of permanent war.
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